Course Length: 2 hrs. Student Contact
Certificate of Completion: Included
Nearly everyone who works in law enforcement has heard of a “Garrity Warning” and think they know what it is and involves. A very significant number of those people have it wrong. This course discusses what Garrity and its lesser known cousin Gardner say or perhaps more importantly do not say. For example what has the Supreme Court ruled be in a Garrity Warning? The answer is nothing in that unlike Miranda the Court has never mandated a Garrity Warning. In this class we start with discussion of the 5th Amendment protection against self-incrimination. We move to how the concept applies to government employers conducting internal affairs investigations for something that may or may not be a crime. By the end of the presentation if you are paying attention you will far better understand the 5th Amendment, self-incrimination and Garrity.
Upon the completion of this course you will learn:
- 5th amendment protections against compelled self-incrimination and legal and de facto immunity.
- The history and context of the Garrity and related cases.
- The role of coercion or voluntary statements under Garrity.
- Investigative options under the 5th Amendment, criminal and administrative investigations.